[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR891.120]



[Page 180]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER VIII--OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL 

 

PART 891_SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES

--Table of Contents

 

                 Subpart A_General Program Requirements

 

Sec.  891.120  Project design and cost standards.



    In addition to the special project standards described in Sec. Sec.  

891.210 and 891.310, as applicable, the following standards apply:

    (a) Property standards. Projects under this part must comply with 

HUD Minimum Property Standards, unless otherwise indicated in this part.

    (b) Accessibility requirements. Projects under this part must comply 

with the Uniform Federal Accessibility Standards (See 24 CFR 40.7 for 

availability), section 504 of the Rehabilitation Act of 1973 and HUD's 

implementing regulations (24 CFR part 8), and for new construction 

multifamily housing projects, the design and construction requirements 

of the Fair Housing Act and HUD's implementing regulations at 24 CFR 

part 100. For the Section 811 Program of Supportive Housing for Persons 

with Disabilities, see additional accessibility requirements in Sec.  

891.310(b).

    (c) Restrictions on amenities. Projects must be modest in design. 

Amenities not eligible for HUD funding include individual unit balconies 

and decks, atriums, bowling alleys, swimming pools, saunas, jacuzzis, 

and dishwashers, trash compactors, and washers and dryers in individual 

units in supportive housing for the elderly or in independent living 

facilities for persons with disabilities. Sponsors may include certain 

excess amenities but they must pay for them from sources other than the 

section 202 or 811 capital advance. They must also pay for the 

continuing operating costs associated with any excess amenities from 

sources other than the Section 202 or 811 project rental assistance 

contract.

    (d) Smoke detectors. After October 30, 1992, each dwelling unit must 

include at least one battery-operated or hard-wired smoke detector, in 

proper working condition, on each level of the unit.

    (e) Projects under this part may have on their sites commercial 

facilities for the benefit of residents of the project and of the 

community in which the project is located, so long as the commercial 

facilities are not subsidized with funding under the supportive housing 

programs for the elderly or persons with disabilities. Such commercial 

facilities are considered public accommodations under Title III of the 

Americans with Disabilities Act and must be accessible under the 

requirements of that Act.



[61 FR 11956, Mar. 22, 1996, as amended at 68 FR 67320, Dec. 1, 2003]